Court No. - 29 Case :- CRIMINAL APPEAL No. - 2074 of 2010 Petitioner :- Prakash & Ors. Respondent :- State Of U.P. Petitioner Counsel :- Dilip Kumar Singh Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Admit.
Summon the lower court record and list for hearing.
Heard learned counsel for the appellants and learned A.G.A.
on the prayer for bail and for suspending the execution of
the sentence under appeal and also perused the record.
The appellants have been convicted and sentenced as
under :
(1) under Section 323 I.P.C. -Six months R.I. with a fine of
Rs. 500/- each
(2) under Section 3(1)(X) of S.C. & S.T. Act – One year R.I.
with a fine of Rs. 1000/- each
It is submitted that during the trial the appellants were on bail
which they never misused. It is further submitted that the
appellants are on interim bail. This appeal may take a couple
of years or even more in its final disposal whereas the
speedy justice is a fundamental right.
In view of the above, the execution of the sentence including
sentence of fine under appeal shall remain suspended till the
final disposal of the appeal.
Let the appellants Prakash, Gajraj, Akhilesh and Jagdish be
released on bail on their furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the
Magistrate/Court concerned.
On acceptance of bail bonds and personal bond, the lower
court shall transmit photo stat copies thereof to this court for
being kept on the record of this appeal.
Order Date :- 6.8.2010
Kan